New South Wales Consolidated Acts

LAW ENFORCEMENT (POWERS AND RESPONSIBILITIES) ACT 2002 - SECT 67B

67B Notice to adjoining occupiers of execution of covert search warrant

(1) The person to whom a covert search warrant is issued is to prepare a notice under this section (an "adjoining occupier’s notice") if the execution of the warrant will involve entering premises adjoining or providing access to the subject premises ( "adjoining premises") without the knowledge of the occupier of the adjoining premises.

(2) Before the covert search warrant is executed, the adjoining occupier’s notice is to be provided to the eligible issuing officer who issued the warrant for that officer’s approval.

(3) The adjoining occupier’s notice:

(a) must specify the following:

(i) the name of the person who applied for the covert search warrant,

(ii) the date when the warrant was issued,

(iii) the address or other description of the subject premises, and

(b) is to specify or contain any other matters required by the regulations.

(4) The adjoining occupier’s notice must be served on the person who was the occupier of the adjoining premises at the time the covert search warrant was executed, on (or as soon as practicable after) service of the occupier’s notice on the occupier of the subject premises under section 67 unless the eligible issuing officer directs that service of the notice may be dispensed with.

(5) The adjoining occupier’s notice may be served personally or in such other manner as the eligible issuing officer who issued the covert search warrant may direct.

(6) In this section:
"adjoining premises" does not include common property within the meaning of the Strata Schemes Management Act 1996 .